Kansas 2025-2026 Regular Session

Kansas Senate Bill SB188 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 188
3	3	By Committee on Judiciary
4	4	2-4
5	5	AN ACT concerning criminal procedure; relating to release prior to trial;
6	6	requiring a secured release when a person is charged with certain
7	7	offenses; replacing release on recognizance programs with unsecured
8	8	judicial release programs; amending K.S.A. 21-5703, 21-5709, 21-
9	9	5710, 21-5910, 21-5915, 21-6316, 21-6329, 22-2802, 22-2803, 22-
10	10	2814, 22-2815, 22-2816 and 22-2817 and repealing the existing
11	11	sections.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 21-5703 is hereby amended to read as follows: 21-
14	14	5703. (a) It shall be unlawful for any person to manufacture any controlled
15	15	substance or controlled substance analog.
16	16	(b) Violation or attempted violation of subsection (a) is a:
17	17	(1) Drug severity level 2 felony, except as provided in subsections (b)
18	18	(2) and (b)(3);
19	19	(2) drug severity level 1 felony if:
20	20	(A) The controlled substance is not methamphetamine, as defined by
21	21	K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog
22	22	thereof;
23	23	(B) the controlled substance is not a fentanyl-related controlled
24	24	substance; and
25	25	(C) the offender has a prior conviction for unlawful manufacturing of
26	26	a controlled substance under this section, K.S.A. 65-4159, prior to its
27	27	repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially
28	28	similar offense from another jurisdiction and the substance was not
29	29	methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
30	30	amendments thereto, or an analog thereof, in any such prior conviction;
31	31	and
32	32	(3) drug severity level 1 felony if the controlled substance is
33	33	methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and
34	34	amendments thereto, or an analog thereof, or is a fentanyl-related
35	35	controlled substance.
36	36	(c) The provisions of K.S.A. 21-5301(d), and amendments thereto,
37	37	shall not apply to a violation of attempting to unlawfully manufacture any
38	38	controlled substance or controlled substance analog pursuant to this
39	39	section.
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76	76	(d) For persons arrested and charged under this section, bail shall be
77	77	at least $50,000 cash or surety, and such person shall not be released upon
78	78	the person's own recognizance on unsecured judicial release pursuant to
79	79	K.S.A. 22-2802, and amendments thereto, unless the court determines, on
80	80	the record, that the defendant is not likely to re-offend, the court imposes
81	81	pretrial supervision, or the defendant agrees to participate in a licensed or
82	82	certified drug treatment program.
83	83	(e) The sentence of a person who violates this section shall not be
84	84	subject to statutory provisions for suspended sentence, community service
85	85	work or probation.
86	86	(f) The sentence of a person who violates this section, K.S.A. 65-
87	87	4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its
88	88	transfer, shall not be reduced because these sections prohibit conduct
89	89	identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their
90	90	repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-
91	91	5705, and amendments thereto.
92	92	Sec. 2. K.S.A. 21-5709 is hereby amended to read as follows: 21-
93	93	5709. (a) It shall be unlawful for any person to possess ephedrine,
94	94	pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine,
95	95	anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or
96	96	their salts, isomers or salts of isomers with an intent to use the product to
97	97	manufacture a controlled substance.
98	98	(b) It shall be unlawful for any person to use or possess with intent to
99	99	use any drug paraphernalia to:
100	100	(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or
101	101	distribute a controlled substance; or
102	102	(2) store, contain, conceal, inject, ingest, inhale or otherwise
103	103	introduce a controlled substance into the human body.
104	104	(c) It shall be unlawful for any person to use or possess with intent to
105	105	use anhydrous ammonia or pressurized ammonia in a container not
106	106	approved for that chemical by the Kansas department of agriculture.
107	107	(d) It shall be unlawful for any person to purchase, receive or
108	108	otherwise acquire at retail any compound, mixture or preparation
109	109	containing more than 3.6 grams of pseudoephedrine base or ephedrine
110	110	base in any single transaction or any compound, mixture or preparation
111	111	containing more than nine grams of pseudoephedrine base or ephedrine
112	112	base within any 30-day period.
113	113	(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
114	114	(2) violation of subsection (b)(1) is a:
115	115	(A) Drug severity level 5 felony, except as provided in subsection (e)
116	116	(2)(B); and
117	117	(B) class B nonperson misdemeanor if the drug paraphernalia was
118	118	used to cultivate fewer than five marijuana plants;
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162	162	(3) violation of subsection (b)(2) is a class B nonperson
163	163	misdemeanor;
164	164	(4) violation of subsection (c) is a drug severity level 5 felony; and
165	165	(5) violation of subsection (d) is a class A nonperson misdemeanor.
166	166	(f) For persons arrested and charged under subsection (a) or (c), bail
167	167	shall be at least $50,000 cash or surety, and such person shall not be
168	168	released upon the person's own recognizance on unsecured judicial release
169	169	pursuant to K.S.A. 22-2802, and amendments thereto, unless the court
170	170	determines, on the record, that the defendant is not likely to reoffend, the
171	171	court imposes pretrial supervision or the defendant agrees to participate in
172	172	a licensed or certified drug treatment program.
173	173	Sec. 3. K.S.A. 21-5710 is hereby amended to read as follows: 21-
174	174	5710. (a) It shall be unlawful for any person to advertise, market, label,
175	175	distribute or possess with the intent to distribute:
176	176	(1) Any product containing ephedrine, pseudoephedrine, red
177	177	phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia,
178	178	pressurized ammonia or phenylpropanolamine or their salts, isomers or
179	179	salts of isomers if the person knows or reasonably should know that the
180	180	purchaser will use the product to manufacture a controlled substance or
181	181	controlled substance analog; or
182	182	(2) any product containing ephedrine, pseudoephedrine or
183	183	phenylpropanolamine, or their salts, isomers or salts of isomers for
184	184	indication of stimulation, mental alertness, weight loss, appetite control,
185	185	energy or other indications not approved pursuant to the pertinent federal
186	186	over-the-counter drug final monograph or tentative final monograph or
187	187	approved new drug application.
188	188	(b) It shall be unlawful for any person to distribute, possess with the
189	189	intent to distribute or manufacture with intent to distribute any drug
190	190	paraphernalia, knowing or under circumstances where one reasonably
191	191	should know that it will be used to manufacture or distribute a controlled
192	192	substance or controlled substance analog in violation of K.S.A. 21-5701
193	193	through 21-5717, and amendments thereto.
194	194	(c) It shall be unlawful for any person to distribute, possess with
195	195	intent to distribute or manufacture with intent to distribute any drug
196	196	paraphernalia, knowing or under circumstances where one reasonably
197	197	should know, that it will be used as such in violation of K.S.A. 21-5701
198	198	through 21-5717, and amendments thereto, except subsection (b) of K.S.A.
199	199	21-5706, and amendments thereto.
200	200	(d) It shall be unlawful for any person to distribute, possess with
201	201	intent to distribute or manufacture with intent to distribute any drug
202	202	paraphernalia, knowing, or under circumstances where one reasonably
203	203	should know, that it will be used as such in violation of subsection (b) of
204	204	K.S.A. 21-5706, and amendments thereto.
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248	248	(e) (1) Violation of subsection (a) is a drug severity level 3 felony;
249	249	(2) violation of subsection (b) is a:
250	250	(A) Drug severity level 5 felony, except as provided in subsection (e)
251	251	(2)(B); and
252	252	(B) drug severity level 4 felony if the trier of fact makes a finding that
253	253	the offender distributed or caused drug paraphernalia to be distributed to a
254	254	minor or on or within 1,000 feet of any school property;
255	255	(3) violation of subsection (c) is a:
256	256	(A) Nondrug severity level 9, nonperson felony, except as provided in
257	257	subsection (e)(3)(B); and
258	258	(B) drug severity level 5 felony if the trier of fact makes a finding that
259	259	the offender distributed or caused drug paraphernalia to be distributed to a
260	260	minor or on or within 1,000 feet of any school property; and
261	261	(4) violation of subsection (d) is a:
262	262	(A) Class A nonperson misdemeanor, except as provided in
263	263	subsection (e)(4)(B); and
264	264	(B) nondrug severity level 9, nonperson felony if the trier of fact
265	265	makes a finding that the offender distributed or caused drug paraphernalia
266	266	to be distributed to a minor or on or within 1,000 feet of any school
267	267	property.
268	268	(f) For persons arrested and charged under subsection (a), bail shall
269	269	be at least $50,000 cash or surety, and such person shall not be released
270	270	upon the person's own recognizance on unsecured judicial release
271	271	pursuant to K.S.A. 22-2802, and amendments thereto, unless the court
272	272	determines, on the record, that the defendant is not likely to re-offend, the
273	273	court imposes pretrial supervision or the defendant agrees to participate in
274	274	a licensed or certified drug treatment program.
275	275	(g) As used in this section, "or under circumstances where one
276	276	reasonably should know" that an item will be used in violation of this
277	277	section, shall include, but not be limited to, the following:
278	278	(1) Actual knowledge from prior experience or statements by
279	279	customers;
280	280	(2) inappropriate or impractical design for alleged legitimate use;
281	281	(3) receipt of packaging material, advertising information or other
282	282	manufacturer supplied information regarding the item's use as drug
283	283	paraphernalia; or
284	284	(4) receipt of a written warning from a law enforcement or
285	285	prosecutorial agency having jurisdiction that the item has been previously
286	286	determined to have been designed specifically for use as drug
287	287	paraphernalia.
288	288	Sec. 4. K.S.A. 21-5910 is hereby amended to read as follows: 21-
289	289	5910. (a) In its discretion and upon good cause, which may include, but is
290	290	not limited to, the declaration of a party's attorney, to believe that
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334	334	intimidation or dissuasion of any victim or witness has occurred or is
335	335	reasonably likely to occur, any court having jurisdiction over any civil or
336	336	criminal matter may issue any reasonable order necessary to remedy or
337	337	prevent the intimidation or dissuasion, including, but not limited to, an
338	338	order that:
339	339	(1) Any person before the court, including, but not limited to, a party,
340	340	subpoenaed witness or other person entering the courtroom of the court,
341	341	not violate any provision of this section or K.S.A. 21-5909, and
342	342	amendments thereto;
343	343	(2) any person described in this section maintain a prescribed
344	344	geographic distance from any specified witness or victim;
345	345	(3) any person described in this section have no communication
346	346	whatsoever with any specified witness or victim, except through an
347	347	attorney under such reasonable restrictions as the court imposes;
348	348	(4) calls for a hearing to determine if an order described in subsection
349	349	(a)(1), (a)(2) or (a)(3) should be issued; or
350	350	(5) a particular law enforcement agency within the jurisdiction of the
351	351	court provide protection for a victim or witness.
352	352	(b) Actions by a law enforcement agency pursuant to an order issued
353	353	under subsection (a)(5) shall be considered to be police protection within
354	354	the exemption from liability under the Kansas tort claims act for damages
355	355	resulting from the failure to provide, or the method of providing, police
356	356	protection.
357	357	(c) Violation of an order entered pursuant to subsection (a) may be
358	358	punished in any of the following ways:
359	359	(1) In the manner provided by K.S.A. 21-5909, and amendments
360	360	thereto, when applicable;
361	361	(2) as a contempt of the court making the order. No finding of
362	362	contempt shall be a bar to prosecution for a violation of K.S.A. 21-5909,
363	363	and amendments thereto, but:
364	364	(A) Any person held in contempt shall be entitled to have any
365	365	punishment imposed for contempt to be credited against any sentence
366	366	imposed upon conviction of a violation of K.S.A. 21-5909, and
367	367	amendments thereto; and
368	368	(B) any conviction or acquittal of a violation of subsection (a) or
369	369	K.S.A. 21-5909, and amendments thereto, shall be a bar to subsequent
370	370	punishment for contempt arising out of the same act; or
371	371	(3) by revocation of any form of pretrial release of a criminal
372	372	defendant or by the forfeiture of bail and the issuance of a bench warrant
373	373	for the defendant's arrest or remanding the defendant into custody. After a
374	374	hearing and upon a showing by clear and convincing evidence, the court,
375	375	in its sound discretion, may order the revocation whether the violation was
376	376	committed by the defendant personally or in any way caused or
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420	420	encouraged it to be committed.
421	421	(d) (1) Any pretrial release of any criminal defendant, whether on bail
422	422	or under another form of recognizance unsecured judicial release, shall be
423	423	considered as a matter of law to include a condition that the defendant will
424	424	not commit, cause to be committed or knowingly permit to be committed,
425	425	on the defendant's behalf, any violation of this section or K.S.A. 21-5909,
426	426	and amendments thereto. Knowing violation of that condition is subject to
427	427	the sanction provided by subsection (c)(3), whether or not the defendant
428	428	was the subject of an order under subsection (a).
429	429	(2) Any receipt for any bail or bond given by any court, or by any
430	430	surety or bondsman and any written promise to appear on one's own
431	431	recognizance under an unsecured judicial release shall contain notice of
432	432	the provisions of subsection (d)(1) in a conspicuous location.
433	433	(3) Any pretrial release of any criminal defendant whether on bail or
434	434	under another form of recognizance unsecured judicial release who
435	435	requests and is entitled to the assistance of counsel under the provisions of
436	436	K.S.A. 22-4503, and amendments thereto, shall be considered as a matter
437	437	of law to include a condition that the defendant shall pay the application
438	438	fee prescribed by K.S.A. 22-4529, and amendments thereto, and the failure
439	439	to pay such fee shall constitute a violation of this section. Knowing
440	440	violation of such condition is subject to the sanction provided by
441	441	subsection (c)(3), whether or not the defendant was the subject of an order
442	442	under subsection (a).
443	443	Sec. 5. K.S.A. 21-5915 is hereby amended to read as follows: 21-
444	444	5915. (a) Failure to appear is knowingly incurring a forfeiture of an
445	445	appearance bond and failing to surrender oneself within 30 days following
446	446	the date of such forfeiture by one who is charged with a misdemeanor and
447	447	has been released on bond for appearance before any court of this state,
448	448	other than the municipal court of a city, for trial or other proceeding prior
449	449	to conviction, or knowingly incurring a forfeiture of an appearance bond
450	450	and failing to surrender oneself within 30 days after such person's
451	451	conviction of a misdemeanor has become final by one who has been
452	452	released on an appearance bond by any court of this state.
453	453	(b) Aggravated failure to appear is knowingly incurring a forfeiture
454	454	of an appearance bond and failing to surrender oneself within 30 days
455	455	following the date of such forfeiture by one who is charged with a felony
456	456	and has been released on bond for appearance before any court of this
457	457	state, or knowingly incurring a forfeiture of an appearance bond and
458	458	failing to surrender oneself within 30 days after oneself's conviction of a
459	459	felony has become final by one who has been released on an appearance
460	460	bond by any court of this state.
461	461	(c) (1) Failure to appear is a class B nonperson misdemeanor.
462	462	(2) Aggravated failure to appear is a severity level 10, nonperson
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506	506	felony.
507	507	(d) The provisions of subsection (a) shall not apply to any person
508	508	who forfeits a cash bond supplied pursuant to law upon an arrest for a
509	509	traffic infraction or cigarette or tobacco infraction.
510	510	(e) Any person who is released upon the person's own recognizance
511	511	on unsecured judicial realse, without surety, or who fails to appear in
512	512	response to a summons or traffic citation, shall be deemed a person
513	513	released on bond for appearance within the meaning of subsection (a).
514	514	Sec. 6. K.S.A. 21-6316 is hereby amended to read as follows: 21-
515	515	6316. When a criminal street gang member is arrested for a person felony,
516	516	bail shall be at least $50,000 cash or surety, and such person shall not be
517	517	released upon the person's own recognizance on unsecured judicial release
518	518	pursuant to K.S.A. 22-2802, and amendments thereto, unless the court
519	519	determines on the record that the defendant is not likely to reoffend, an
520	520	appropriate intensive pre-trial supervision program is available and the
521	521	defendant agrees to comply with the mandate of such pre-trial supervision.
522	522	Sec. 7. K.S.A. 21-6329 is hereby amended to read as follows: 21-
523	523	6329. (a) Except as provided in subsection (b), it is unlawful for any
524	524	covered person:
525	525	(1) Who has recklessly received any proceeds derived, directly or
526	526	indirectly, from a pattern of racketeering activity or through the collection
527	527	of an unlawful debt to use or invest, whether directly or indirectly, any part
528	528	of such proceeds, or the proceeds derived from the investment or use
529	529	thereof, in the acquisition of any title to, or any right, interest, or equity in,
530	530	real property or in the establishment or operation of any enterprise;
531	531	(2) through a pattern of racketeering activity or through the collection
532	532	of an unlawful debt, to recklessly acquire or maintain, directly or
533	533	indirectly, any interest in or control of any enterprise or real property; or
534	534	(3) employed by, or associated with, any enterprise to recklessly
535	535	conduct or participate, directly or indirectly, in such enterprise through a
536	536	pattern of racketeering activity or the collection of an unlawful debt.
537	537	(b) It is not unlawful for a covered person to violate subsection (a)
538	538	through the collection of an unlawful debt if such person was not a
539	539	participant in a violation described in subsection (i) of K.S.A. 21-6328(i),
540	540	and amendments thereto, which that created such unlawful debt.
541	541	(c) Violation of this section or conspiracy to commit a violation of
542	542	this section is a severity level 2, person felony.
543	543	(d) The provisions of subsection (d) of K.S.A. 21-5302(d), and
544	544	amendments thereto, shall not apply to conspiracy to commit a violation of
545	545	this section.
546	546	(e) (1) Notwithstanding the provisions of K.S.A. 21-6611, and
547	547	amendments thereto, any person convicted of engaging in conduct in
548	548	violation of this section, through which the person derived pecuniary
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592	592	value, or by which the person caused personal injury or property damage
593	593	or other loss, may be sentenced to pay a fine that does not exceed three
594	594	times the gross value gained or three times the gross loss caused,
595	595	whichever is the greater, plus court costs and the costs of investigation and
596	596	prosecution, reasonably incurred.
597	597	(2) The court shall hold a hearing to determine the amount of the fine
598	598	authorized by this subsection.
599	599	(3) For the purposes of this subsection, "pecuniary value" means:
600	600	(A) Anything of value in the form of money, a negotiable instrument,
601	601	or a commercial interest or anything else the primary significance of which
602	602	is economic advantage; and
603	603	(B) any other property or service that has a value in excess of $100.
604	604	(f) For persons arrested and charged under this section, bail shall be
605	605	at least $50,000 cash or surety, and such person shall not be released upon
606	606	the person's own recognizance on unsecured judicial release pursuant to
607	607	K.S.A. 22-2802, and amendments thereto, unless the court determines on
608	608	the record that the defendant is not likely to re-offend, an appropriate
609	609	intensive pretrial supervision program is available and the defendant
610	610	agrees to comply with the mandate of such pretrial supervision.
611	611	Sec. 8. K.S.A. 22-2802 is hereby amended to read as follows: 22-
612	612	2802. (1)(a) Any person charged with a crime shall, at the person's first
613	613	appearance before a magistrate, be ordered released pending preliminary
614	614	examination or trial upon the execution of an appearance bond in an
615	615	amount specified by the magistrate and sufficient to assure the appearance
616	616	of such person before the magistrate when ordered and to assure the public
617	617	safety. If the person is being bound over for a felony, the bond shall also be
618	618	conditioned on the person's appearance in the district court or by way of a
619	619	two-way electronic audio-video communication as provided in subsection
620	620	(14) (n) at the time required by the court to answer the charge against such
621	621	person and at any time thereafter that the court requires. Unless the
622	622	magistrate makes a specific finding otherwise, if the person is being
623	623	bonded out for a person felony or a person misdemeanor, the bond shall be
624	624	conditioned on the person being prohibited from having any contact with
625	625	the alleged victim of such offense for a period of at least 72 hours. The
626	626	magistrate may impose such of the following additional conditions of
627	627	release as will reasonably assure the appearance of the person for
628	628	preliminary examination or trial:
629	629	(a)(1) Place the person in the custody of a designated person or
630	630	organization agreeing to supervise such person;
631	631	(b)(2) place restrictions on the travel, association or place of abode of
632	632	the person during the period of release;
633	633	(c)(3) impose any other condition deemed reasonably necessary to
634	634	assure appearance as required, including a condition requiring that the
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678	678	person return to custody during specified hours;
679	679	(d)(4) place the person under a house arrest program pursuant to
680	680	K.S.A. 21-6609, and amendments thereto; or
681	681	(e)(5) place the person under the supervision of a court services
682	682	officer responsible for monitoring the person's compliance with any
683	683	conditions of release ordered by the magistrate. The magistrate may order
684	684	the person to pay for any costs associated with the supervision provided by
685	685	the court services department in an amount not to exceed $15 per week of
686	686	such supervision. The magistrate may also order the person to pay for all
687	687	other costs associated with the supervision and conditions for compliance
688	688	in addition to the $15 per week.
689	689	(2)(b) In addition to any conditions of release provided in subsection
690	690	(1) (a), for any person charged with a felony, the magistrate may order
691	691	such person to submit to a drug and alcohol abuse examination and
692	692	evaluation in a public or private treatment facility or state institution and,
693	693	if determined by the head of such facility or institution that such person is
694	694	a drug or alcohol abuser or is incapacitated by drugs or alcohol, to submit
695	695	to treatment for such drug or alcohol abuse, as a condition of release.
696	696	(3)(c) The appearance bond shall be executed with sufficient solvent
697	697	sureties who are residents of the state of Kansas, unless the magistrate
698	698	determines, in the exercise of such magistrate's discretion, that requiring
699	699	sureties is not necessary to assure the appearance of the person at the time
700	700	ordered.
701	701	(4)(d) A deposit of cash in the amount of the bond may be made in
702	702	lieu of the execution of the bond pursuant to subsection (3) (c). Except as
703	703	provided in subsection (5) (e), such deposit shall be in the full amount of
704	704	the bond and in no event shall a deposit of cash in less than the full amount
705	705	of bond be permitted. Any person charged with a crime who is released on
706	706	a cash bond shall be entitled to a refund of all moneys paid for the cash
707	707	bond, after deduction of any outstanding restitution, costs, fines and fees,
708	708	after the final disposition of the criminal case if the person complies with
709	709	all requirements to appear in court. The court may not exclude the option
710	710	of posting bond pursuant to subsection (3) (c).
711	711	(5)(e) Except as provided further, the amount of the appearance bond
712	712	shall be the same whether executed as described in subsection (3) (c) or
713	713	posted with a deposit of cash as described in subsection (4) (d). When the
714	714	appearance bond has been set at $2,500 or less and the most serious charge
715	715	against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson
716	716	felony, a drug severity level 4 felony committed prior to July 1, 2012, a
717	717	drug severity level 5 felony committed on or after July 1, 2012, or a
718	718	violation of K.S.A. 8-1567, and amendments thereto, the magistrate may
719	719	allow the person to deposit cash with the clerk in the amount of 10% of the
720	720	bond, provided the person meets at least the following qualifications:
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764	764	(A)(1) Is a resident of the state of Kansas;
765	765	(B)(2) has a criminal history score category of G, H or I;
766	766	(C)(3) has no prior history of failure to appear for any court
767	767	appearances;
768	768	(D)(4) has no detainer or hold from any other jurisdiction;
769	769	(E)(5) has not been extradited from, and is not awaiting extradition
770	770	to, another state; and
771	771	(F)(6) has not been detained for an alleged violation of probation.
772	772	(6)(f) In the discretion of the court, a person charged with a crime
773	773	may be released upon the person's own recognizance by guaranteeing
774	774	payment of the amount of the bond for the person's failure to comply with
775	775	all requirements to appear in court on unsecured judicial release. The
776	776	release of a person charged with a crime upon the person's own
777	777	recognizance on unsecured judicial release shall not require the deposit of
778	778	any cash by the person.
779	779	(7)(g) The court shall not impose any administrative fee.
780	780	(8)(h) In determining which conditions of release will reasonably
781	781	assure appearance and the public safety, the magistrate shall, on the basis
782	782	of available information, take into account the nature and circumstances of
783	783	the crime charged; the weight of the evidence against the defendant;
784	784	whether the defendant is lawfully present in the United States; the
785	785	defendant's family ties, employment, financial resources, character, mental
786	786	condition, length of residence in the community, record of convictions,
787	787	record of appearance or failure to appear at court proceedings or of flight
788	788	to avoid prosecution; the likelihood or propensity of the defendant to
789	789	commit crimes while on release, including whether the defendant will be
790	790	likely to threaten, harass or cause injury to the victim of the crime or any
791	791	witnesses thereto; and whether the defendant is on probation or parole
792	792	from a previous offense at the time of the alleged commission of the
793	793	subsequent offense.
794	794	(9)(i) The appearance bond shall set forth all of the conditions of
795	795	release.
796	796	(10)(j) A person for whom conditions of release are imposed and who
797	797	continues to be detained as a result of the person's inability to meet the
798	798	conditions of release shall be entitled, upon application, to have the
799	799	conditions reviewed without unnecessary delay by the magistrate who
800	800	imposed them. If the magistrate who imposed conditions of release is not
801	801	available, any other magistrate in the county may review such conditions.
802	802	(11)(k) A magistrate ordering the release of a person on any
803	803	conditions specified in this section may at any time amend the order to
804	804	impose additional or different conditions of release. If the imposition of
805	805	additional or different conditions results in the detention of the person, the
806	806	provisions of subsection (10) (j) shall apply.
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850	850	(12)(l) Statements or information offered in determining the
851	851	conditions of release need not conform to the rules of evidence. No
852	852	statement or admission of the defendant made at such a proceeding shall
853	853	be received as evidence in any subsequent proceeding against the
854	854	defendant.
855	855	(13)(m) The appearance bond and any security required as a condition
856	856	of the defendant's release shall be deposited in the office of the magistrate
857	857	or the clerk of the court where the release is ordered. If the defendant is
858	858	bound to appear before a magistrate or court other than the one ordering
859	859	the release, the order of release, together with the bond and security shall
860	860	be transmitted to the magistrate or clerk of the court before whom the
861	861	defendant is bound to appear.
862	862	(14)(n) Proceedings before a magistrate as provided in this section to
863	863	determine the release conditions of a person charged with a crime
864	864	including release upon execution of an appearance bond may be conducted
865	865	by two-way electronic audio-video communication between the defendant
866	866	and the judge in lieu of personal presence of the defendant or defendant's
867	867	counsel in the courtroom in the discretion of the court. The defendant may
868	868	be accompanied by the defendant's counsel. The defendant shall be
869	869	informed of the defendant's right to be personally present in the courtroom
870	870	during such proceeding if the defendant so requests. Exercising the right to
871	871	be present shall in no way prejudice the defendant.
872	872	(15)(o) The magistrate may order the person to pay for any costs
873	873	associated with the supervision of the conditions of release of the
874	874	appearance bond in an amount not to exceed $15 per week of such
875	875	supervision. As a condition of sentencing under K.S.A. 21-6604, and
876	876	amendments thereto, the court may impose the full amount of any such
877	877	costs in addition to the $15 per week, including, but not limited to, costs
878	878	for treatment and evaluation under subsection (2) (b).
879	879	Sec. 9. K.S.A. 22-2803 is hereby amended to read as follows: 22-
880	880	2803. A person who remains in custody after review of such person's
881	881	application pursuant to subsection (9) or (10) of K.S.A. 22-2802(i) or (j),
882	882	and amendments thereto, by a district magistrate judge may apply to a
883	883	district judge of the judicial district in which the charge is pending to
884	884	modify the order fixing conditions of release. Such motion shall be
885	885	determined promptly.
886	886	Sec. 10. K.S.A. 22-2814 is hereby amended to read as follows: 22-
887	887	2814. Each district court may establish, operate and coordinate unsecured
888	888	judicial release on recognizance programs and supervised release
889	889	programs which that provide services to the court and to persons who are,
890	890	or are to be, charged with crimes. Unsecured judicial release on
891	891	recognizance programs and supervised release programs shall be
892	892	administered by court services officers and other personnel of the district
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936	936	court. Participation by defendants in such programs shall be on a voluntary
937	937	basis. Nothing in K.S.A. 22-2814 through 22-2817, and amendments
938	938	thereto, shall affect the right of any person to seek or obtain release under
939	939	K.S.A. 22-2802, and amendments thereto, regardless of participation or
940	940	nonparticipation in unsecured judicial release on recognizance programs
941	941	or supervised release programs.
942	942	Sec. 11. K.S.A. 22-2815 is hereby amended to read as follows: 22-
943	943	2815. (a) Unsecured judicial release on recognizance programs shall
944	944	consist of initial interviews with persons who are being detained and are,
945	945	or are to be, charged with crimes, to obtain:
946	946	(1) Information about certain basic criteria closely related to the
947	947	likelihood that the persons will appear in court if released,;
948	948	(2) an objective analysis of such information; and
949	949	(3) submission of such information and analysis to the court
950	950	regarding those persons who are recommended to be released on their
951	951	personal recognizance unsecured judicial release under K.S.A. 22-2802,
952	952	and amendments thereto.
953	953	(b) Among other criteria, the following basic variables shall be
954	954	determined for each person interviewed under a release on recognizance
955	955	an unsecured judicial release program in ascertaining the likelihood that
956	956	the person will appear in court if released:
957	957	(1) Length of residence in the local community;
958	958	(2) nature and extent of local family ties;
959	959	(3) time in the local area;
960	960	(4) stability of employment; and
961	961	(5) extent of prior criminal history.
962	962	(c) No person shall be released on unsecured judicial release if such
963	963	person is detained and charged, or to be charged, with:
964	964	(1) Capital murder as described in K.S.A. 21-5401, and amendments
965	965	thereto;
966	966	(2) murder in the first degree as described in K.S.A. 21-5402, and
967	967	amendments thereto;
968	968	(3) murder in the second degree as described in K.S.A. 21-5403, and
969	969	amendments thereto;
970	970	(4) kidnapping or aggravated kidnapping as described in K.S.A. 21-
971	971	5408, and amendments thereto;
972	972	(5) aggravated assault as described in K.S.A. 21-5412, and
973	973	amendments thereto;
974	974	(6) aggravated battery as described in K.S.A. 21-5413, and
975	975	amendments thereto;
976	976	(7) aggravated robbery as described in K.S.A. 21-5420, and
977	977	amendments thereto;
978	978	(8) rape as described in K.S.A. 21-5503, and amendments thereto;
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1022	1022	(9) criminal sodomy or aggravated criminal sodomy as described in
1023	1023	K.S.A. 21-5504, and amendments thereto;
1024	1024	(10) aggravated sexual battery as described in K.S.A. 21-5505, and
1025	1025	amendments thereto; or
1026	1026	(11) aggravated indecent liberties with a child as described in K.S.A.
1027	1027	21-5506, and amendments thereto.
1028	1028	Sec. 12. K.S.A. 22-2816 is hereby amended to read as follows: 22-
1029	1029	2816. (a) Supervised release programs shall consist of extensive interviews
1030	1030	with defendants who have been denied release on personal recognizance to
1031	1031	select unsecured judicial release for the purpose of selecting those
1032	1032	defendants who, under some form of supervised release, are likely to
1033	1033	appear in court when required, are likely to cooperate with and benefit
1034	1034	from supervised release and are willing to actively participate therein.
1035	1035	Defendants who are not residents of Kansas, who are the subject of
1036	1036	specific detainer orders of other state or federal law enforcement agencies,
1037	1037	have been detained or charged with a crime that is described in K.S.A. 22-
1038	1038	2815(c), and amendments thereto, or who are in need of physical or mental
1039	1039	care or treatment, including care or treatment for any chemical dependency
1040	1040	or intoxication, shall not be eligible for a recommendation for supervised
1041	1041	release or to participate in a supervised release program.
1042	1042	(b) Upon the basis of interviews and other available information,
1043	1043	court services officers shall prepare and submit, in proper cases,
1044	1044	recommendations to the court for supervised release of defendants and
1045	1045	shall include suggestions for appropriate conditions for the release of the
1046	1046	defendants. If the court orders the release of the defendant with the
1047	1047	condition of specific participation in the supervised release program, the
1048	1048	court services officer shall prepare and the defendant shall sign a written
1049	1049	agreement containing:
1050	1050	(1) An acknowledgment of the relationship between the supervised
1051	1051	release program and the defendant,;
1052	1052	(2) the details of the conditions of release; and
1053	1053	(3) a statement of the consequences of any breach of the agreement
1054	1054	by the defendant.
1055	1055	(c) The supervised release program for each defendant shall be
1056	1056	compatible with all required court appearances and shall include
1057	1057	appropriate programs for diagnostic testing, education, skills training,
1058	1058	employment and counseling. Each defendant under supervised release
1059	1059	shall be closely supervised by a court services officer and may be
1060	1060	terminated from the supervised release program by court order revoking
1061	1061	the release order or by final disposition of the charges against the
1062	1062	defendant.
1063	1063	Sec. 13. K.S.A. 22-2817 is hereby amended to read as follows: 22-
1064	1064	2817. (a) For all purposes of unsecured judicial release on recognizance
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1108	1108	programs and supervised release programs, each district court may:
1109	1109	(1) Contract for services and facilities;
1110	1110	(2) receive property by gifts, devises and bequests; and
1111	1111	(3) sell or exchange any property so accepted and use, in any manner,
1112	1112	the proceeds or the property received in exchange.
1113	1113	(b) To the extent feasible, each district court establishing, operating or
1114	1114	coordinating unsecured judicial release on recognizance programs and
1115	1115	supervised release programs shall arrange, by contract or on such
1116	1116	alternative basis as may be mutually acceptable, for utilization of existing
1117	1117	local facilities and treatment and service resources, including, but not
1118	1118	limited, to employment, job training, general, special or remedial
1119	1119	education, psychiatric and marriage counseling, and alcohol and drug
1120	1120	abuse treatment and counseling. Each such district court shall approve the
1121	1121	development and maintenance of such resources by its own staff only if
1122	1122	the resources to be so developed and maintained are otherwise unavailable
1123	1123	to the court within reasonable proximity to the community where these
1124	1124	services are needed in connection with the unsecured judicial release on
1125	1125	recognizance programs or supervised release programs. Each such district
1126	1126	court, to the extent feasible and advisable under the circumstances, may
1127	1127	use the services of volunteers for such programs and may solicit local
1128	1128	financial support from public, private, charitable and benevolent sources
1129	1129	therefor.
1130	1130	Sec. 14. K.S.A. 21-5703, 21-5709, 21-5710, 21-5910, 21-5915, 21-
1131	1131	6316, 21-6329, 22-2802, 22-2803, 22-2814, 22-2815, 22-2816 and 22-
1132	1132	2817 are hereby repealed.
1133	1133	Sec. 15. This act shall take effect and be in force from and after its
1134	1134	publication in the statute book.
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